attorney general new jersey department of law expungement trenton

Introduction

Hey there, readers! Looking to get your criminal record expunged in Trenton, New Jersey? You’ve come to the right place. In this comprehensive guide, we’ll cover everything you need to know about the Attorney General’s Law Department’s expungement process. From eligibility criteria to the application procedure, we’ve got you covered. So, grab a cup of Joe and let’s dive right in!

The Expungement Process

What is Expungement?

Expungement is a legal procedure that allows you to have your criminal record sealed or destroyed. This means that the public will no longer have access to your record, making it easier for you to get a job, housing, or other opportunities.

New Jersey’s Expungement Law

New Jersey has one of the most progressive expungement laws in the nation. Under this law, certain criminal records can be expunged after a waiting period. The waiting period varies depending on the nature of the offense and your criminal history.

Eligibility for Expungement

Offenses Eligible for Expungement

Not all criminal offenses are eligible for expungement. Generally, felonies and certain misdemeanors cannot be expunged. However, there are a number of other offenses that may be eligible, including:

  • Disorderly persons offenses
  • Certain drug offenses
  • Theft offenses
  • Assault offenses

Other Eligibility Requirements

In addition to the type of offense, there are other factors that can affect your eligibility for expungement, including:

  • Whether you have any pending criminal charges
  • Your criminal history
  • The age at which you committed the offense
  • Whether the offense involved violence

The Application Process

Step 1: Gather Your Documents

The first step in the expungement process is to gather the necessary documents. These documents may include:

  • A copy of your criminal record
  • A completed expungement application
  • A fee (if applicable)

Step 2: File Your Application

Once you have gathered the necessary documents, you need to file your application with the Superior Court in the county where you were convicted.

Step 3: Wait for a Decision

After you file your application, the court will review your request. The court may grant or deny your request based on the information you provided and the applicable law.

The New Jersey Attorney General’s Role

The Attorney General’s Law Department plays a vital role in the expungement process. The department provides guidelines and resources to help individuals understand the law and the application process. The department also reviews all expungement applications and makes recommendations to the court.

Related Information

Expungement vs. Pardons

Expungement and pardons are two different legal procedures that can help you clear your criminal record. However, there are some key differences between the two. Expungement seals or destroys your criminal record, while a pardon forgives the offense but does not remove it from your record.

Other Resources

In addition to the Attorney General’s Law Department, there are a number of other resources available to help you with the expungement process. These resources include:

  • Legal Aid Society of New Jersey
  • New Jersey State Bar Association
  • American Civil Liberties Union of New Jersey

Important Links

  • Attorney General’s Law Department Expungement Page: [link]
  • Expungement Application: [link]

Conclusion

Expungement can be a powerful tool for individuals who are looking to move on from their past mistakes. If you have a criminal record that is holding you back, we encourage you to learn more about the expungement process. The Attorney General’s Law Department is here to help you every step of the way.

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FAQ about Attorney General New Jersey Department of Law Expungement Trenton

What is expungement?

Expungement is a court order that removes a criminal record from public view. This means that the record will not appear on background checks, and it will be as if the arrest or conviction never happened.

Who is eligible for expungement in New Jersey?

To be eligible for expungement in New Jersey, you must meet the following criteria:

  • You must have been convicted of a crime that is eligible for expungement.

  • You must have completed all the terms of your sentence, including any probation or parole.

  • You must not have been convicted of any other crimes since completing your sentence.

  • You must not be currently charged with any crimes.

What crimes are eligible for expungement in New Jersey?

The following crimes are eligible for expungement in New Jersey:

  • Most misdemeanors
  • Some felonies, including certain drug offenses and property crimes

How do I apply for expungement in New Jersey?

To apply for expungement in New Jersey, you must file a motion with the court that convicted you of the crime. You can get the forms you need from the court clerk’s office.

What is the process for expungement in New Jersey?

The process for expungement in New Jersey typically takes several months. First, you must file a motion with the court. Then, the court will hold a hearing to determine whether you are eligible for expungement. If the court grants your motion, the record of your conviction will be expunged.

What are the benefits of expungement?

Expungement can provide a number of benefits, including:

  • Improved job prospects
  • Reduced risk of housing discrimination
  • Improved access to education and financial aid

What are the risks of expungement?

There are some potential risks to expungement, including:

  • The process can be expensive and time-consuming.
  • There is no guarantee that the court will grant your motion for expungement.
  • If you are denied expungement, it can be difficult to get it later.

Should I get an attorney to help me with my expungement application?

It is a good idea to get an attorney to help you with your expungement application. An attorney can help you determine if you are eligible for expungement, prepare your motion, and represent you at your hearing.

How do I find an attorney to help me with my expungement application?

You can find an attorney to help you with your expungement application by contacting the New Jersey State Bar Association’s Lawyer Referral Service.

What are the fees for expungement in New Jersey?

The fees for expungement in New Jersey vary depending on the court and the county in which you are applying.

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